2009 (1) TMI 90

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....D. A. MEHTA J.- Appellant-revenue has proposed the following two questions : "(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the tax credit u/s 115JAA has to be allowed before the calculation of interest u/s 234B and 234C as per law as it stood at the relevant time ? (2) Whether, on the facts and in the circumstances of....

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....nder Section 154 of the Act after withdrawing the amount of credit of MAT given originally would be the fundamental issue, and whether such an exercise was permissible on merits or not, would be consequential. While passing the impugned order dated 17-4-2007, the Tribunal has merely rendered a decision on the basis of various orders made by Ahmedabad Bench of the Tribunal without recording any fin....

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....nt, the impugned order dated 17-4-2007 is quashed and set aside and ITA 694/Ahd/2007 is restored to file of the Tribunal for recording a fresh decision in accordance with law, on all the contentions raised by the parties. The question proposed by Revenue is hence left unanswered. Appeal stands disposed of accordingly." 5. Hence, for the same reasons, without expressing any opinion on the merits....